Kumar v Minister for Immigration & Citizenship [2009] FCAFC 55

FEDERAL COURT OF AUSTRALIA

Kumar v Minister for Immigration & Citizenship [2009] FCAFC 55

MIGRATION – Bridging (Removal Pending) Visa – appellant holder of visa – appellant claimed to be Indian national then later claimed to be Bangladeshi national then again claimed to be Indian national – signed application for Indian travel document – Indian travel document issued – respondent sought to bring visa to end by giving notice in writing to appellant stating respondent satisfied appellant's removal from Australia reasonably practicable – whether respondent's decision involved breach of rules of procedural fairness – whether respondent should have given appellant notice of proposed decision and opportunity to comment on circumstances in which Indian travel document issued and effectiveness thereof – whether respondent's decision involved failure to take into account relevant considerations – whether relevant considerations included outstanding application for Bangladeshi travel document, ongoing concerns or doubts as to appellant's identity and fact Indian birth certificate found by then Department of Immigration and Multicultural Affairs not to be genuine – whether respondent's decision so unreasonable that no reasonable person could have made it Held: appeal dismissed – no breach of rules of procedural fairness, no failure to take into account relevant considerations and decision not so unreasonable that no reasonable person could have made it. MIGRATION – review of decisions – jurisdictional error – whether unreasonableness results in jurisdictional error – scope of privative clause in Migration Act 1958 (Cth) – relevance of Administrative Decisions (Judicial Review) Act 1977 (Cth) Held: unnecessary to decide in light of approach taken by parties and conclusions on merits of appellant's grounds of review.